Citation Nr: 0101655
Decision Date: 01/22/01 Archive Date: 01/31/01
DOCKET NO. 99-22 141 ) DATE
)
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On appeal from the
Department of Veterans Affairs (VA) Regional Office (RO)
in Columbia, South Carolina
THE ISSUE
Entitlement to an increased (compensable) rating for the
service-connected blepharoconjunctivitis.
REPRESENTATION
Appellant represented by: The American Legion
ATTORNEY FOR THE BOARD
Julie L. Salas, Associate Counsel
INTRODUCTION
The veteran served on active duty from January 1951 to
January 1954 and from February 1954 to May 1962.
This matter comes to the Board of Veterans' Appeals (Board)
on appeal of a November 1998 rating decision of the RO.
The Board notes that the veteran has also asserted claims of
service connection for glaucoma, for which he has previously
been denied, and blindness in the left eye due to exposure to
high octane fuel.
As these claims have not been developed for appellate review,
they are referred to the RO for appropriate action.
FINDINGS OF FACT
1. All relevant evidence necessary for an equitable
disposition of the appeal has been obtained.
2. The veteran's service-connected blepharoconjunctivitis is
not shown to be manifested by active symptoms or identifiable
residuals.
CONCLUSION OF LAW
The criteria for the assignment of an increased (compensable)
evaluation for the service-connected blepharoconjunctivitis
have not been met. 38 U.S.C.A. §§ 1155, 5107, 7104 (West
1991 & Supp. 2000); 38 C.F.R. §§ 4.1, 4.7, 4.10, 4.84a
including Diagnostic Code 6018 (2000).
REASONS AND BASES FOR FINDINGS AND CONCLUSION
As a preliminary matter, the Board notes that there has been
a significant change in the law during the course of the
veteran's appeal. Specifically, on November 9, 2000, the
President signed into law the Veterans Claims Assistance Act
of 2000, Pub. L. No. 106-475, 114 Stat. 2096 (2000). Among
other things, this law eliminates the concept of a well-
grounded claim, redefines the obligations of the Department
of Veterans Affairs (VA) with respect to the duty to assist,
and supercedes the decision of the United States Court of
Appeals for Veterans Claims (Court) in Morton v. West, 12
Vet. App. 477 (1999), withdrawn sub nom. Morton v. Gober,
No. 96-1517 (U.S. Vet. App. Nov. 6, 2000) (per curiam order),
which had held that VA cannot assist in the development of a
claim that is not well grounded.
This change in the law is applicable to all claims filed on
or after the date of enactment of the Veterans Claims
Assistance Act of 2000, or filed before the date of enactment
and not yet final as of that date. Veterans Claims
Assistance Act of 2000, Pub. L. No. 106-475, § 7, subpart
(a), 114 Stat. 2096, ___ (2000). See also Karnas v.
Derwinski, 1 Vet. App. 308 (1991).
In this instance, the Board is satisfied that all available
relevant evidence has been obtained regarding the claim, and
that no further assistance to the veteran is required to
comply with either 38 U.S.C.A. § 5107(a) (1999) or the
Veterans Claims Assistance Act of 2000.
Disability ratings are determined by applying the criteria
set forth in the VA Schedule for Rating Disabilities (Rating
Schedule), found in 38 C.F.R. Part 4. The Board attempts to
determine the extent to which the veteran's disability
adversely affects his ability to function under the ordinary
conditions of daily life, and the assigned rating is based,
as far as practicable, upon the average impairment of earning
capacity in civil occupations. 38 U.S.C.A. § 1155; 38 C.F.R.
§§ 4.1, 4.10.
Where there is a question as to which of two evaluations is
to be applied, the higher evaluation will be assigned if the
disability picture more nearly approximates the criteria
required for that rating. Otherwise, the lower rating will
be assigned. 38 C.F.R. § 4.7.
The veteran's service-connected blepharoconjunctivitis is
currently evaluated as noncompensably disabling under the
provisions of 38 C.F.R. § 4.84a including Diagnostic Code
6018, for conjunctivitis, other, chronic. Under Diagnostic
Code 6018, conjunctivitis which is healed is to be rated on
residuals, if there are no residuals a noncompensable rating
is assigned. A 10 percent evaluation is warranted for active
conjunctivitis with objective symptoms. 38 C.F.R. § 4.84a,
Diagnostic Code 6018.
The veteran was most recently afforded a VA eye examination
in November 1998 when he complained of decreased vision in
the left eye since 1985. In addition, the veteran was noted
to have been diagnosed as having glaucoma in 1978.
An ocular examination revealed best-corrected visual acuity
as 20/40 -2 on the right, and light perception vision on the
left. Best intraocular pressure was by applanation of 14
mmHg in both eyes. Ocular adnexa was unremarkable. The
veteran was orthophoric in both distance and near vision.
Pupils were 3 mm and reactive in the right eye, but 2 mm
poorly reactive in the left eye. Slit lamp examination
showed 2+ yellow-green nuclear sclerotic cataracts,
bilaterally, left greater than right. Funduscopic
examination revealed a 0.5 cup-to-disc ratio on the right and
a 0.8 cup-to-disc ratio on the left. Macular vessels were
normal, bilaterally.
The final diagnoses included: advanced primary open-angle
glaucoma, bilateral, left greater than right; and visually
significant nuclear sclerotic cataracts, bilateral, left
greater than right.
After a thorough review of the evidence of record, the Board
concludes that the veteran's service-connected
blepharoconjunctivitis does not warrant a compensable
disability rating.
Significantly, the veteran has not submitted any clinical
records that substantiate his assertions that he is suffering
from active conjunctivitis or identifiable residuals thereof.
Furthermore, most recent VA examination in November 1998 was
pertinent only for findings of glaucoma and cataracts.
Hence, the Board finds that the preponderance of the evidence
is against the claim for an increased (compensable) rating
for the service-connected blepharoconjunctivitis; there are
no objective findings to substantiate that the veteran's
disability is currently active or that there are identifiable
residuals sufficient to warrant the assignment of a 10
percent evaluation under the provisions of 38 C.F.R. § 4.84a,
Diagnostic Code 6018.
ORDER
An increased (compensable) rating for the service-connected
blepharoconjunctivitis is denied.
STEPHEN L. WILKINS
Member, Board of Veterans' Appeals